Case: Muehe v. City of Boston

1:21-cv-11080 | U.S. District Court for the District of Massachusetts

Filed Date: June 2, 2021

Case Ongoing

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Case Summary

On June 2, 2021 four individuals with mobility disabilities filed a class action complaint against the City of Boston to redress the City’s systemic failure to provide full and equal access to its pedestrian right of way to plaintiffs and similarly situated individuals with mobility disabilities. The complaint was filed in the U.S. District Court for the District of Massachusetts and assigned to Judge Richard G. Stearns. It alleged that the City failed to install and maintain curb ramps when it…

On June 2, 2021 four individuals with mobility disabilities filed a class action complaint against the City of Boston to redress the City’s systemic failure to provide full and equal access to its pedestrian right of way to plaintiffs and similarly situated individuals with mobility disabilities. The complaint was filed in the U.S. District Court for the District of Massachusetts and assigned to Judge Richard G. Stearns. It alleged that the City failed to install and maintain curb ramps when it altered or built new streets, roadways, sidewalks and other pedestrian walkways in violation of the Rehabilitation Act of 1973 (Rehab Act) and Title II of the Americans with Disabilities Act (ADA). The complaint additionally alleged that the City failed to install curb ramps where no curb ramps exist within the time required by the Rehab Act and the ADA, failed to install or remediate curb ramps when altering, including resurfacing streets, failed to develop and implement a process for identifying intersections and corner that need curb ramps, failed to adopt or utilize a compliant curb ramp design, failed to install curb ramps within a reasonable time after receiving a request and failed to have a policy and procedure for inspecting, repairing and maintaining the pedestrian right of way. The complaint specified the ways in which existing curb ramps fail to comply with the ADA requirements for curb ramps (excessive slope, too narrow, lack of landing at top, excessive counter slope at the bottom of curb ramps, and non-flush transitions from the bottom of the ramps to the gutter). The complaint also alleged that the City failed to prepare and implement a timely self-evaluation and failed to evaluate its pedestrian right of way until 2009 and created a Transition Plan but compliance with the Plan has been minimal.  

The parties apparently immediately entered into settlement negotiations and on July 2, 2021 the plaintiffs filed an unopposed motion for preliminary approval of class action settlement. The settlement required the City to install or remediate an average of 1630 curb ramps per year until a compliant curb ramp was present at every required location in the City’s pedestrian right of way. Construction was estimated to be completed by the end of 2030. The City also agreed to do a comprehensive survey of its curb ramps and maintain a curb ramp request system for people with mobility disabilities to report missing curb ramps and other problems.

The Court held a fairness hearing and approved the settlement on October 19, 2021. The Court granted the motion for attorneys fees and costs but reduced the amount and awarded $674,487.38 in attorney's fees and $5,533.18 in costs and expenses on November 2, 2021.

A class member objected to the settlement and moved to alter the judgment which was denied and filed a notice of appeal. The district court entered an order requiring payment of an appeal bond and the class member appears to have given up based on the lack of additional docket entries after the date the bond had to be provided.  The court of appeals summarily affirmed the district court on November 21, 2022.

Summary Authors

NDRN (12/29/2022)

NDRN (12/29/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60026063/parties/muehe-v-boston-city-of/


Judge(s)
Attorney for Plaintiff

Dardarian, Linda M. (Massachusetts)

Fox, Timothy P. (Massachusetts)

Attorney for Defendant

Cederbaum, Adam N. (Massachusetts)

Fuchs, Samantha H (Massachusetts)

Expert/Monitor/Master/Other

Brady, Anthony J. (Massachusetts)

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Documents in the Clearinghouse

Document
1

1:21-cv-11080

Class Action Complaint

June 30, 2021

June 30, 2021

Complaint
12-2

1:21-cv-11080

Consent Decree

July 2, 2021

July 2, 2021

Order/Opinion
11

1:21-cv-11080

Unopposed Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof

July 2, 2021

July 2, 2021

Pleading / Motion / Brief
25

1:21-cv-11080

Plaintiffs’ Motion for Attorneys’ Fees, Costs, and Expenses, and Memorandum in Support Thereof

Aug. 30, 2021

Aug. 30, 2021

Pleading / Motion / Brief
53

1:21-cv-11080

Joint Motion for Final Approval of Class Action Settlement and Memorandum in Support Thereof; Response to Objection

Muehe et al. v. City of Boston

Oct. 14, 2021

Oct. 14, 2021

Pleading / Motion / Brief
70

1:21-cv-11080

Final Judgment and Order Approving Class Action Settlement

Nov. 2, 2021

Nov. 2, 2021

Order/Opinion
68

1:21-cv-11080

Memorandum and Order on Plaintiffs' Motion for Attorney's Fees, Costs, and Expenses

Muehe et al. v. City of Boston

Nov. 2, 2021

Nov. 2, 2021

Order/Opinion

569 F.Supp.3d 569

76

1:21-cv-11080

Notice of Appeal

Muehe et al. v. City of Boston

Dec. 1, 2021

Dec. 1, 2021

Pleading / Motion / Brief
81

1:21-cv-11080

Declaration of Linda M. Dardarian in Support of Plaintiff's Motion to Require Posting of an Appeal Bond

Muehe et al. v. City of Boston

Jan. 15, 2022

Jan. 15, 2022

Pleading / Motion / Brief
81

1:21-cv-11080

Declaration of Linda M. Dardarian in Support of Plaintiff's Motion to Require Posting of an Appeal Bond

Muehe et al. v. City of Boston

Jan. 15, 2022

Jan. 15, 2022

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60026063/muehe-v-boston-city-of/

Last updated Feb. 24, 2024, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Boston, City of Filing fee: $ 402, receipt number 0101-8840727 (Fee Status: Filing Fee paid), filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # )(Murphy, Thomas) Modified on 6/30/2021 (Jones, Sherry). (Entered: 06/30/2021)

1 Civil Cover Sheet

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2 Category Form

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June 30, 2021

June 30, 2021

Clearinghouse
2

MOTION for Leave to Appear Pro Hac Vice for admission of Linda M. Dardarian Filing fee: $ 100, receipt number 0101-8840771 by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Murphy, Thomas) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
3

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
4

Summons Issued as to Boston, City of. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Jones, Sherry) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
5

MOTION for Leave to Appear Pro Hac Vice for admission of Raymond A. Wendell Filing fee: $ 100, receipt number 0101-8840791 by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Murphy, Thomas) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER
6

MOTION for Leave to Appear Pro Hac Vice for admission of Timothy P. Fox Filing fee: $ 100, receipt number 0101-8841253 by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Murphy, Thomas) (Entered: 06/30/2021)

June 30, 2021

June 30, 2021

PACER

Notice of Case Assignment

June 30, 2021

June 30, 2021

PACER
7

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 2 Motion for Leave to Appear Pro Hac Vice. Added Linda M. Dardarian. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
8

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice. Added Raymond A. Wendell. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER
9

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice. Added Timothy P. Fox. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) (Entered: 07/01/2021)

July 1, 2021

July 1, 2021

PACER

Order on Motion for Leave to Appear

July 1, 2021

July 1, 2021

PACER
10

WAIVER OF SERVICE Returned Executed by Michael Muehe, Colleen Flanagan, Crystal Evans, Elaine Hamilton. Boston, City of waiver sent on 7/1/2021, answer due 8/30/2021. (Murphy, Thomas) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
11

MOTION for Settlement - Unopposed Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Wendell, Raymond) (Main Document 11 replaced on 7/2/2021) (Pacho, Arnold). Modified docket text on 7/2/2021 (Pacho, Arnold). (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

Clearinghouse
12

AFFIDAVIT in Support re 11 MOTION for Settlement - Unopposed Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof - Declaration of Linda M. Dardarian in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Wendell, Raymond) Modified on 7/2/2021 (Pacho, Arnold). (Entered: 07/02/2021)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

View on RECAP

4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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July 2, 2021

July 2, 2021

PACER
13

AFFIDAVIT of Thomas P. Murphy in Support re 11 MOTION for Settlement - Joint Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
14

AFFIDAVIT of Timothy P. Fox in Support re 11 MOTION for Settlement - Joint Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
15

AFFIDAVIT of Michael Muehe in Support re 11 MOTION for Settlement - Joint Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
16

AFFIDAVIT of Elaine Hamilton in Support re 11 MOTION for Settlement - Joint Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
17

AFFIDAVIT of Crystal Evans in Support re 11 MOTION for Settlement - Joint Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
18

AFFIDAVIT of Colleen Flanagan in Support re 11 MOTION for Settlement - Joint Motion for Preliminary Approval of Class Action Settlement and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
19

Proposed Document(s) submitted by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. Document received: [Proposed] Order (1) Granting Preliminary Approval of Settlement; (2) Certifying Settlement Class; (3) Directing Notice to the Class; and (4) Setting Date for Fairness Hearing. (Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
20

MOTION for Leave to File Memorandum in Excess of Twenty Pages in Support of Unopposed Motion for Preliminary Approval of Class Action Settlement by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Wendell, Raymond) (Entered: 07/02/2021)

July 2, 2021

July 2, 2021

PACER
21

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 20 Motion for Leave to File excess pages. (Zierk, Marsha) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER

Order on Motion for Leave to File Document

July 9, 2021

July 9, 2021

PACER
22

City of Boston ANSWER to 1 Complaint, by Boston, City of.(Lederman, Jason) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

RECAP
23

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 11 Motion for Preliminary Approval of the parties' Settlement. The court will hold the Final Approval Hearing on Tuesday October 19, 2021 at 10:00 a.m. in Courtroom 21 of this court. (Zierk, Marsha) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
24

NOTICE of Appearance by Adam N. Cederbaum on behalf of Boston, City of (Cederbaum, Adam) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER

Order on Motion for Settlement

July 12, 2021

July 12, 2021

PACER
25

MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

Clearinghouse
26

AFFIDAVIT of Linda M. Dardarian in Support re 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
27

AFFIDAVIT of Timothy P. Fox in Support re 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
28

AFFIDAVIT of Thomas P. Murphy in Support re 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
29

Proposed Document(s) submitted by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. Document received: [Proposed] Order Granting Plaintiffs' Motions for Attorneys' Fees, Costs, and Expenses and Service Awards. (Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
30

MOTION For Service Awards and Memorandum in Support Thereof (Unopposed) by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
31

AFFIDAVIT of Michael Muehe in Support re 30 MOTION For Service Awards and Memorandum in Support Thereof (Unopposed) filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
32

AFFIDAVIT of Elaine Hamilton in Support re 30 MOTION For Service Awards and Memorandum in Support Thereof (Unopposed) filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
33

AFFIDAVIT of Crystal Evans in Support re 30 MOTION For Service Awards and Memorandum in Support Thereof (Unopposed) filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
34

AFFIDAVIT of Colleen Flanagan in Support re 30 MOTION For Service Awards and Memorandum in Support Thereof (Unopposed) filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
35

Joint MOTION for Extension of Time to 09/27/2021 to File Opposition and Leave to File Reply by Boston, City of.(Cederbaum, Adam) (Entered: 09/13/2021)

Sept. 13, 2021

Sept. 13, 2021

PACER
36

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 35 Motion for Extension of Time to File. The court extends the deadline for defendant to respond to the plaintiffs' Motion for Attorneys' Fees, Costs, and Expenses until September 27, 2021, and grants leave to plaintiffs to file a reply, if appropriate, until October 8, 2021. <br><br> (Zierk, Marsha) (Entered: 09/14/2021)

Sept. 14, 2021

Sept. 14, 2021

PACER

Order on Motion for Extension of Time to File

Sept. 14, 2021

Sept. 14, 2021

PACER
37

Request to Participate Orally in Fairness Hearing and Opposition to Certification of Class and Proposed Consent Decree by William Norkunas. (Attachments: # 1 Letter from COA re Misdirected Filing) (Pacho, Arnold) (Entered: 09/23/2021)

1 Letter from COA re Misdirected Filing

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Sept. 23, 2021

Sept. 23, 2021

RECAP
38

Judge Richard G. Stearns: ELECTRONIC ORDER entered. William Norkunas has filed an objection to a class action settlement which requires the City of Boston to install or remediate an average of 1,630 curb ramps per year until a compliant curb ramp is present at every required location in the Citys pedestrian right of way. The class action is brought on behalf of individuals with mobility disabilities who live in, work in, or visit Boston. See Dkt #11. As filed, the objection does not comply with Fed. R. Civ. P. 23. Under section 23(e)(5), [a]ny class member may object to the proposal if it requires court approval under this subdivision (e). The objection must state whether it applies only to the objector, to a specific subset of the class, or to the entire class, and also state with specificity the grounds for the objection. Mr. Norkunas has until October 8, 2021, to certify that he is in fact a member of the class (the court notes that he lists a residential address in Fort Lauderdale, Florida), and to file an objection that complies with this Rule. Class counsel and counsel for the City have until October 15, 2021, to respond. (mkz) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
39

Copy of the court's Order issued this day was mailed to William Norkunas on 9/27/2021. (mkz) (Entered: 09/27/2021)

Sept. 27, 2021

Sept. 27, 2021

PACER
40

MEMORANDUM in Opposition re 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Boston, City of. (Attachments: # 1 Affidavit Counsel Affidavit In Support of Opposition)(Lederman, Jason) (Entered: 09/27/2021)

1 Affidavit Counsel Affidavit In Support of Opposition

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Sept. 27, 2021

Sept. 27, 2021

RECAP

Order

Sept. 27, 2021

Sept. 27, 2021

PACER

Copy Mailed

Sept. 27, 2021

Sept. 27, 2021

PACER
41

NOTICE of Change of Address or Firm Name by Timothy P. Fox (Fox, Timothy) (Entered: 09/28/2021)

Sept. 28, 2021

Sept. 28, 2021

PACER
42

RESPONSE TO COURT ORDER by William J Norkunas re [Dkt # 38] Order. (Attachments: # 1 Exhibit) (Pacho, Arnold) (Entered: 10/05/2021)

1 Exhibit

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Oct. 5, 2021

Oct. 5, 2021

RECAP
43

MOTION for Leave to File Reply Brief in Support of Motion for Attorney' Fees, Costs and Expenses (UNOPPOSED) by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Wendell, Raymond) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
44

REPLY to Response to 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
45

Supplemental AFFIDAVIT of Linda M. Dardarian in Support re 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit A - Response to Defendant Objections, # 2 Exhibit B - GBDH Supplemental Hours and Fes, # 3 Exhibit C - Plaintiffs' Combined Supplemental Hours and Fees, # 4 Exhibit D - Plaintiffs' Supplemental Costs, # 5 Exhibit E - Demand Letter)(Wendell, Raymond) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
46

Supplemental AFFIDAVIT in Support re 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit A - CREEC Supplemental Fees)(Wendell, Raymond) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
47

Supplemental AFFIDAVIT of Thomas Murphy in Support re 25 MOTION for Attorney Fees, Costs, and Expenses, and Memorandum in Support Thereof filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit A - MLRA Fee Scale, # 2 Exhibit B - Rossman Declaration, # 3 Exhibit C - DRC Supplemental Fees)(Wendell, Raymond) (Entered: 10/08/2021)

Oct. 8, 2021

Oct. 8, 2021

PACER
48

Joint MOTION for Hearing by Video Conference by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Murphy, Thomas) (Entered: 10/12/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
49

Opposition re 48 Joint MOTION for Hearing by Video Conference and for Permission to Attend the Fairness Hearing in-person filed by William J Norkunas. (Pacho, Arnold) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
50

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 48 Motion for Hearing.Consistent with this court's Standing Order regarding civil trials and hearings and to avoid safety concerns because of COVID-19, the parties' motion to proceed by video conference with the Final Approval Hearing in this case is ALLOWED. Any objections to the settlement may be made via video or submitted in writing. The Clerk will issue a Notice Of Hearing with the video coordinates. (Zierk, Marsha) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER
51

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 43 Motion for Leave to File a Reply. (Zierk, Marsha) (Entered: 10/13/2021)

Oct. 13, 2021

Oct. 13, 2021

PACER

Order on Motion for Hearing

Oct. 13, 2021

Oct. 13, 2021

PACER

Order on Motion for Leave to File Document

Oct. 13, 2021

Oct. 13, 2021

PACER
52

ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov. Final Approval Hearing set for 10/19/2021 10:00 AM in Courtroom 21 (Remote only) before Judge Richard G. Stearns. (Maynard, Timothy) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
53

Joint MOTION Final Approval of Class Action Settlement ; Response to Objection by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Wendell, Raymond) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

Clearinghouse
54

AFFIDAVIT of Linda M. Dardarian in Support re 53 Joint MOTION Final Approval of Class Action Settlement ; Response to Objection filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit A - Notice of Proposed Settlement)(Wendell, Raymond) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
55

AFFIDAVIT of Stuart Kirkpatrick in Support re 53 Joint MOTION Final Approval of Class Action Settlement ; Response to Objection filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Attachments: # 1 Exhibit A- Chart of Organization to Receive Notice, # 2 Exhibit B - Sample email notice, # 3 Exhibit C - Sample mailed notice)(Wendell, Raymond) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
56

AFFIDAVIT of Jason Lederman in Support re 53 Joint MOTION Final Approval of Class Action Settlement ; Response to Objection filed by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER
57

Proposed Document(s) submitted by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. Document received: [Proposed] Final Judgment and Order Approving Class Action Settlement. (Attachments: # 1 Exhibit 1 - Consent Decree)(Wendell, Raymond) (Entered: 10/14/2021)

Oct. 14, 2021

Oct. 14, 2021

PACER

Notice of Hearing

Oct. 14, 2021

Oct. 14, 2021

PACER
58

Proposed Document(s) submitted by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. Document received: [Corrected Porposed] Final Judgment and Order Approving Class Action Settlement. (Attachments: # 1 Exhibit 1 - Consent Decree)(Wendell, Raymond) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER
59

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 53 Motion for final approval of class action settlement. The court hereby approves the proposed class action settlement as detailed in ECF No. 11, certifies the settlement class on a permanent basis, and retains jurisdiction over the parties and the consent decree throughout the term of the decree. The court will address the contested motion for attorney's fees in a separate order. (RGS, law2) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
60

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 30 unopposed motion for service awards for plaintiffs Michael Muehe, Crystal Evans, Colleen Flanagan, and Elaine Hamilton, in the amount of $5,000 per plaintiff. (RGS, law2) (Entered: 10/19/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
61

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Final Approval Hearing held on 10/19/2021. Court hears from the parties re settlement; Objector Norkunas addresses the court; Court hears from parties re attorneys fees; Court approves the settlement. (Court Reporter: James Gibbons at jamesgibbonsrpr@gmail.com.)(Attorneys present: Dardarian for plaintiffs; Cederbaum, Lederman for defendants) (Maynard, Timothy) (Entered: 10/20/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER

Order on Motion for Miscellaneous Relief

Oct. 19, 2021

Oct. 19, 2021

PACER
62

Objections to Fairness Hearing held on October 19, 2021 by William J. Norkunas. (Pacho, Arnold) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

RECAP

Settlement Conference

Oct. 20, 2021

Oct. 20, 2021

PACER
63

MOTION for Leave to file electronically Pro Se by William J Norkunas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Pacho, Arnold) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

PACER
64

NOTICE of Appearance by Jon G. Shadinger on behalf of William J Norkunas (Shadinger, Jon) (Entered: 10/26/2021)

Oct. 26, 2021

Oct. 26, 2021

RECAP
65

MOTION for Leave to Appear Pro Hac Vice for admission of Anthony J. Brady, Jr. Filing fee: $ 100, receipt number AMADC-9033688 by William J Norkunas. (Attachments: # 1 Exhibit Certificate of Good Standing - Anthony J. Brady, Jr.)(Shadinger, Jon) (Entered: 10/29/2021)

Oct. 29, 2021

Oct. 29, 2021

PACER
66

MOTION to Alter Judgment by William J Norkunas. (Attachments: # 1 Memorandum of Law in Support, # 2 Exhibit A-Curb Cuts, # 3 Exhibit B-Settlement Agreement City of Atlanta/DOJ, # 4 Exhibit C-Certification of Gregory Lasky, # 5 Exhibit D-Certification of Dean Ragone, # 6 Exhibit E-Dean Ragone Philanthropy, # 7 Exhibit F-Dean Ragone Personal Story)(Shadinger, Jon) (Entered: 11/01/2021)

1 Memorandum of Law in Support

View on RECAP

2 Exhibit A-Curb Cuts

View on PACER

3 Exhibit B-Settlement Agreement City of Atlanta/DOJ

View on PACER

4 Exhibit C-Certification of Gregory Lasky

View on PACER

5 Exhibit D-Certification of Dean Ragone

View on PACER

6 Exhibit E-Dean Ragone Philanthropy

View on PACER

7 Exhibit F-Dean Ragone Personal Story

View on RECAP

Nov. 1, 2021

Nov. 1, 2021

RECAP
67

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 66 Motion to Alter Judgment. Upon review of the motion, the court concludes that Mr. Norkunas's arguments do not meet the standard for relief under Fed. R. Civ. P. 59(e). See Biltcliffe v. CitiMortgage, Inc., 772 F.3d 925, 930 (1st Cir. 2014) ("Rule 59(e) relief is granted sparingly, and only when 'the original judgment evidenced a manifest error of law, if there is newly discovered evidence, or in certain other narrow situations.'"), quoting Global Naps, Inc. v. Verizon New England, Inc., 489 F.3d 13, 25 (1st Cir. 2007). (RGS, law2) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
68

Judge Richard G. Stearns: ORDER entered granting 25 Motion for Attorney Fees. The court grants plaintiffs' motion for attorney's fees, costs, and expenses, but the court reduces the award to $674,487.38 in attorney's fees and $5,533.18 in costs and expenses. (RGS, law2) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

Clearinghouse
69

Judge Richard G. Stearns: ELECTRONIC ORDER entered finding as moot 63 Motion for leave to electronically file Pro Se; finding as moot 65 Motion for Leave to Appear Pro Hac Vice. (Pacho, Arnold) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

PACER
70

Judge Richard G. Stearns: ORDER entered. Final Judgment and Order Approving Class Action Settlement. (Pacho, Arnold) (Entered: 11/02/2021)

Nov. 2, 2021

Nov. 2, 2021

Clearinghouse

Order On Motion to Alter Judgment

Nov. 2, 2021

Nov. 2, 2021

PACER

Order on Motion for Leave to Appear AND Order on Motion for leave to electronically file Pro Se

Nov. 2, 2021

Nov. 2, 2021

PACER
71

Joint MOTION for Settlement Temporary Suspension of Implementation of Consent Decree for Limited Purpose by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Murphy, Thomas) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
72

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 71 Motion for temporary suspension of implementation of consent decree. (RGS, law2) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER

Order on Motion for Settlement

Nov. 12, 2021

Nov. 12, 2021

PACER
73

MOTION to Alter Judgment by William J Norkunas. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A - Certification of William Norkunas)(Shadinger, Jon) Modified on 11/29/2021 to docket memorandum as a separate entry per CM/ECF procedures. (Pacho, Arnold). (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
74

MEMORANDUM in Support re 73 MOTION to Alter Judgment filed by William J Norkunas. [Memorandum filed as a separate entry by clerk per CM/ECF procedures]. (Pacho, Arnold) (Entered: 11/29/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
75

Judge Richard G. Stearns: ELECTRONIC ORDER entered denying 73 Motion to Alter Judgment. Upon review of the motion, the court concludes that Mr. Norkunas's arguments once again do not meet the standard for relief under Fed. R. Civ. P. 59(e). See Biltcliffe v. CitiMortgage, Inc., 772 F.3d 925, 930 (1st Cir. 2014). The court finds that the parties' temporary suspension of implementation of the Consent Decree (granted at Dkt # 72) so that they may serve notice of the settlement on the appropriate state and federal officials will bring the parties into substantial compliance with the dictates of 28 U.S.C. § 1715(b). (RGS, law2) (Entered: 11/29/2021)

Nov. 29, 2021

Nov. 29, 2021

PACER

Order On Motion to Alter Judgment

Nov. 29, 2021

Nov. 29, 2021

PACER
76

NOTICE OF APPEAL re 23 ELECTRONIC ORDER, 59 ELECTRONIC ORDER, 60 ELECTRONIC ORDER, 67 ELECTRONIC ORDER, 68 ORDER, 72 ELECTRONIC ORDER, 75 ELECTRONIC ORDER by William J Norkunas Filing fee: $ 505, receipt number AMADC-9078692 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 12/21/2021. (Shadinger, Jon) Modified on 12/1/2021 to Correct Docket Text and Add CM/ECF Documents Links to Orders Being Appealed as Counsel Failed to Follow the CM/ECF NextGen Prompts When Filing the Notice of Appeal. (Paine, Matthew). (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

Clearinghouse
77

DECLARATION of Jason Lederman Regarding Notice Pursuant to the Class Action Fairness Act, 28 U.S.C. § 1715 by Boston, City of. (Lederman, Jason) (Entered: 12/01/2021)

Dec. 1, 2021

Dec. 1, 2021

PACER
78

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 76 Notice of Appeal. (Paine, Matthew) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER
79

USCA Case Number 21-1981 for 76 Notice of Appeal, filed by William J Norkunas. (Paine, Matthew) (Entered: 12/02/2021)

Dec. 2, 2021

Dec. 2, 2021

PACER

USCA Case Number

Dec. 2, 2021

Dec. 2, 2021

PACER
80

MOTION for Bond by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe.(Wendell, Raymond) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

PACER
81

DECLARATION re 80 MOTION for Bond by Crystal Evans, Colleen Flanagan, Elaine Hamilton, Michael Muehe. (Wendell, Raymond) (Entered: 01/14/2022)

Jan. 14, 2022

Jan. 14, 2022

Clearinghouse
82

NOTICE of Change of Address or Firm Name by Timothy P. Fox (Fox, Timothy) (Entered: 01/24/2022)

Jan. 24, 2022

Jan. 24, 2022

PACER
83

Second MOTION for Leave to Appear Pro Hac Vice for admission of Anthony J. Brady, Jr. Filing fee: $ 100, receipt number AMADC-9159061 by William J Norkunas. (Attachments: # 1 Supplement Certification of Good Standing)(Shadinger, Jon) (Entered: 01/28/2022)

Jan. 28, 2022

Jan. 28, 2022

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Disability Rights

Key Dates

Filing Date: June 2, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four individuals with mobility disabilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

City of Boston, City

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $674,487.38

Content of Injunction:

Reasonable Accommodation

Implement complaint/dispute resolution process

Goals (e.g., for hiring, admissions)

Issues

Disability and Disability Rights:

Mobility impairment